Electronic Evidence–Admissibility and Authentication: A Judicial Perception of Apex Court of India
Devang Chhatrapati, Arun B Prasad · GLS Law Journal. · 2021
We are living in the digital era. Disputes and crimes are inevitable in this era of technology. The investigation and judgment of the courts are highly dependent on the electronic evidence. The recent judgment of the Indian Apex Court has opined on the subject matter of admissibility of Digital Evidence under Section 65-B [Indian Evidence Act, 1872] in the Arujn Panditrao Khotkar case . The Apex Court of India had confirmed the decision of P.V. Anvar case and overruled the decision of Shafhi Mohammad case . The Arjun Panditrao case is the most up-to-date development in India regarding the admissibility of electronic evidence in India. The researchers examine the recent judgments on the admissibility of electronic evidence by using the doctrinal method of research. The researchers reflect the issues of admissibility of electronic evidence which are resolved by the Apex Court of India. The researchers also reveal the challenges for the admissibility of Electronic Evidence under Section 65-B of Evidence Act post- Arjun Panditrao case. The researchers also suggest future expectation from the Hon’ble Legislators and Judiciary to resolve the challenges for the admissibility of Electronic Evidence.